Orissa High Court
Manas Ranjan Mallick vs State Of Odisha & Others .... Opposite ... on 28 November, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38334 of 2023
Manas Ranjan Mallick .... Petitioner
Mr. K.K. Swain, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. N. Pratap, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 28.11.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel for the State-Opposite Parties. Perused the
Writ Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed by the Petitioner with the
following prayer :
"Under the above circumstances, it is humbly prayed
that the writ petition may be allowed;
And
(A) a writ of mandamus or an appropriate writ may
be issued commanding the opposite parties to
consider the case of the petitioner for his appointment
under the Rehabilitation Assistance Scheme in a
Group-C or D post in terms of the Odisha Civil
Services (Rehabilitation Assistance) Rules, 1990
which was prevalent at the time of death of his wife
keeping in view the decision of the Hon'ble Apex
Court rendered in the case of Malaya Nanda Sethy
Vs. State of Orissa and others (Civil Appeal No.4103
of 2022 arising out of S.L.P. (Civil) No.936 of 2022
decided on 20.05.2022) and the recent decision of this
Hon'ble Court rendered in the case of Suchitra Bal
Vs. State of Odisha and others (W.P.(C) No.2081 of
2021, disposed of on 27.06.2023 along with batch of
// 2 //
cases) and in the case of Bindusagar Samantaray
Vrs. State of Odisha and another (W.P.(C) No.27634
of 2020, disposed of vide judgment dated 13.09.2021)
which has been confirmed by the Division Bench of
this Hon'ble Court in the case of State of Odisha and
others Vs. Bindusagar Samantaray (W.A. No.810 of
2021, disposed of on 25.09.2023 along with batch of
cases), within a time to be stipulated by this Hon'ble
Court;
(B) And any other order/orders or direction/
directions may be issued so as to give complete relief
to the petitioner;"
4. It is stated by learned counsel for the Petitioner that after death of
the wife of the Petitioner, the Petitioner as legal heir-husband of
deceased government employee submitted an application for
appointment on compassionate ground in the year 2014. He Further
contended that wife of the Petitioner died in hardness on 08.10.2014.
He further submitted that till 2014 the application for appointment on
compassionate ground is still pending before the authorities contrary to
very purpose and object of the OCS (RA) Rules. Further referring to the
judgment of the Hon'ble Supreme Court in the case of Malaya Nanda
Sethy vrs. State of Orissa and others : reported in 2022(II)
OLR(SC)-1 and State of West Bengal-v.-Debabrata Tiwari reported
in (2023 (3) SCALE-557 as well as in Suchitra Bal vs. State of
Odisha & ors. by a Division Bench of this Court in W.P.(C) No.2081 of
2021 decided on 16.03.2023 as well as Bindusagar Samantaray vs.
State of Odisha & ors. by a Division Bench of this Court in W.A.
No.810 of 2021 decided on 25.09.2023 and a judgment of this Court
in Biswajit Panigrahi v. State of Odisha & others (W.P.(C)
No.27484 of 2022, decided on 19.5.2023). It is submitted by
learned counsel for the Petitioner that the application of the
Petitioner is to be considered under the rule that was in force at
the time of death of the employee. Learned counsel for the
// 3 //
Petitioner submitted that the Opposite Parties be directed to take
a decision as expeditiously as possible under the OCS (RA)
Rules, 1990.
5. Learned Additional Government Advocate, on the other hand
contended that since the application of the Petitioner is pending for
consideration and the same has not been rejected, then he will have no
objection in the event this Court directs the authorities to take an early
decision in accordance with law within a stipulated period of time.
6. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination of the
background facts of the present case as well as keeping in view the
settled positions of law and in view of the decision referred to
hereinabove, this Court deems it proper to dispose of the writ
application at the stage of admission by directing the Opposite Party
No.1 i.e. Commissioner-cum-Secretary to Government in Health and
Family Welfare Department, Bhubaneswar to dispose of the pending
representation of the Petitioner for appointment on compassionate
ground strictly in accordance with law in the light of the judgments
referred hereinabove within a period of eight weeks from the date of
communication of a certified copy of this order. The decision so taken
by the Opposite Party No.1 be communicated to the Petitioner within a
period of two weeks thereafter.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 04-Dec-2023 11:03:07
